S02 36C79121R0011 Nebulizers and Accessories.pdf

36C79121R0011

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

09-09-2021

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. DUNS: DUNS+4:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

Theo Torrence, Contract Specialist theodore.torrence@va.gov

303-273-6218 10-11-2021

1630 MDT

Department of Veterans Affairs

Commodities & Services Acquisition Svc

(003B6E)

555 Corporate Circle

Golden CO 80401-5621

X

339112

1000 Employees

N/A

X

Commodities & Services Acquisition Svc

36C791

Department of Veterans Affairs

Commodities & Services Acquisition Svc

(003B6E)

VAFSC

Commodities & Services Acquisition Svc

(003B6E)

See CONTINUATION Page

Nebulizers and Accessories

See Schedule.

$0.00

X X

X 1

(one)

Sheila R. Kiker

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRODUCT DESCRIPTION

B.3 PRICE/COST SCHEDULE

B.4 IDIQ TERMS AND CONDITIONS

SECTION C - CONTRACT CLAUSES

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.2 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JUN 2020) 33

E.3 BASIS OF AWARD

E.4 GENERAL INSTRUCTIONS

E.5 QUESTIONS

E.6 PROPOSAL SUBMISSION INSTRUCTIONS

Volume, Title, and Page Limitations

E.7 EVALUATION PROCEDURES AND APPROACH

E.8 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.9 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (FEB 2021)

E.10 52.216-1 TYPE OF CONTRACT (APR 1984)

E.11 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.12 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1.1 CONTRACT ADMINISTRATION

1.1.1 The Commodities and Services and Acquisition Service (CSAS) Contracting Officer (CO) is responsible for providing overall scope oversight, maintaining communication between Contractors and the United States Department of Veterans Affairs (VA), ensuring contract compliance, administering contracts and modifications, and ensuring that annual performance evaluations are completed at the contract level. Nevertheless, any CO assigned to the CSAS and acting within his/her warrant authority may take formal action on this contract when a contract action needs to be taken and the primary CO is unavailable.

The CO reserves the right to designate a Contracting Officer’s Representative (COR) at the Indefinite Delivery Indefinite Quantity (IDIQ) contract level. The CO shall issue a designation letter to the COR and the Contractor to ensure that all parties understand the limited authority of the COR.

1.1.2 The IDIQ contract may only be modified by written modification, executed by a CSAS warranted CO. The Contractor shall not provide products that are not expressly awarded in the contract or order.

1.1.3 All contract administration matters shall be handled by the following individuals:

a. CONTRACTOR: To Be Determined (TBD) at time of award

Offeror DUNS #:

Offeror TIN #:

Company Name and Address:

Point of Contact:

Phone Number:

Email Address:

b. GOVERNMENT: Contracting Officer (CO):

Attn.: Contracting Officer

U.S. Department of Veterans Affairs National Acquisition Center (NAC) Commodities & Services Acquisition Svc. (003B6E) 555 Corporate Circle Golden, CO 80401-5621

Contract Specialist (CS):

Attn.: Contract Specialist U.S. Department of Veterans Affairs

National Acquisition Center (NAC) Commodities & Services Acquisition Svc. (003B6E)

Golden, CO 80401-5621

1.2 CONTRACTOR REMITTANCE ADDRESS:

All payments by the Government to the Contractor will be made in accordance with Federal Acquisition Regulation (FAR):

[] 52.232-33, Payment by Electronic Funds Transfer – System For

Award Management, or

[X] 52.232-34, Payment by Electronic Funds Transfer—Other than

System For Award Management, or

[] 52.232-36, Payment by Third Party

1.3 INVOICES:

Invoices shall be submitted in arrears based upon delivery and acceptance:

a. Quarterly []

b. Semi-Annually []

c. Other [X] 15 days upon acceptance of order through ROES.

1.4 GOVERNMENT INVOICE ADDRESS:

All Invoices from the Contractor shall be submitted electronically in accordance with Veterans Affairs Acquisition Regulation (VAAR) clause 852.232-72 Electronic Submission of Payment Requests.

Regular Mail:

VA Denver Logistics Center Finance Division (001AL-M1C) P.O. Box 25166 Denver, CO 80225-0166

Federal Express:

VA Denver Logistics Center Finance Division (001AL-M1C)

Golden, CO 80401

1.4.1 The invoices submitted for payment shall be in accordance with FAR 52.212-4(g) and shall be submitted in arrears as supplies are ordered.

(a) Vendor Electronic Invoice Submission Methods:

Electronic form means an automated system transmitting information electronically according to the accepted data transmissions below. Fax, email, and scanned documents are not acceptable forms of submission for payment requests.

(1) VA’s Electronic invoice presentment and payment system-The FSC uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website: http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, for free.

(2) A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI).

(b) Vendor e-invoice Set-up information:

Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center in Austin, TX for payment processing, free of charge. If you have questions about the e-invoicing program or Tungsten, please contact the FSC at the phone number or email address listed below.

(1) Tungsten e-Invoice setup information: 1-877-489-6135

(2) Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com

(3) FSC e-Invoice contact information: 1-877-353-9791

(4) FSC e-Invoice email: vafsccshd@va.gov

(5) FSC e-invoice email: vafsccshd@va.gov

(6) http://www.fsc.va.gov/einvoice.asp

c) Contractors will receive orders via Computer-to-Computer Electronic Data

Interchange (EDI), FAX, or Email. The Contractor must confirm receipt of delivery orders from VA CSAS (or duly appointed ordering officers at the DLC).

1. EDI. The Offeror must indicate the name, address, and telephone number of the representative to be contacted regarding establishment of an EDI interface.

NAME: ________________________________

ADDRESS: _____________________________

TELEPHONE: ___________________________

FAX: ___________________________________

http://www.tungsten-network.com/US/en/veterans-affairs/ http://www.tungsten-network.com/US/en/veterans-affairs/ mailto:vafsccshd@va.gov mailto:vafsccshd@va.gov http://www.fsc.va.gov/einvoice.asp

EMAIL ADDRESS: ________________________

2. Facsimile Transmission. Indicate the telephone number(s) and point of contact where orders should be forwarded. The Contractor must confirm receipt of delivery orders from VA CSAS (or duly appointed ordering officers at the DLC) via e-mail or fax within two

(2) business days.

NAME: ________________________________

ADDRESS: _____________________________

TELEPHONE: ___________________________

FAX: ___________________________________

EMAIL ADDRESS: ________________________

3. Email. The below-named individuals are designated by the contractor to receive delivery orders placed via email:

NAME: ________________________________

1.4.2 Submission of a proper invoice – The following data must be included in invoice for it to constitute a proper invoice:

• Name and address of the contractor

• Invoice date and number

• VA Facility Name & Address

• Purchase Order No.

• Contract No.

• Item number, description, quantity, unit of measure, price, extended price and a total of supplies delivered, or services performed.

• Patient Unique Identifier

• Cumulative billing (per line item and total)

• Proof of supplies delivered, or services performed MUST also be provided

• Signature, printed name, and title of Government receiving official or veteran and date of delivery or performance period must be included or accompany with invoice.

1.4.3 Invoice Inquiry. Please direct inquires to the following:

VA Denver Logistics Center Senior Accountant P.O. Box 25166

Denver, CO 80225-0166

Federal Express Address:

555 Corporate Circle Golden, CO 80401

Email Address: dalc.fiscal@va.gov Phone: 303-273-6230 or 303-273-6231 Fax: 303-215-9140

1.5 ACKNOWLEDGMENT OF AMENDMENTS:

The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO DATE

1.6 CONTRACT MINIMUM AND MAXIMUM DOLLAR VALUES

The minimum guaranteed amount is $1,500.00. Orders shall be determined by department needs. The Government has no obligation to award orders beyond the minimum guaranteed amount. In accordance with FAR 16.504(a)(4)(ii), the maximum aggregate value for all orders awarded under this contract shall not exceed $36,298,398.00. The Government’s obligation for the minimum guarantee amount applies only in year one ordering period of the contract. If the Contractor receives total orders for less than the minimum amount in year one, the Government will pay the difference between the amount ordered and the minimum amount guaranteed for the year one ordering period of the contract; this payment may only occur once, not annually.

1.7 CONTRACTOR PERFORMANCE

1.7.1 Attachment 2 - Contractor Discrepancy Report (CDR), may be issued by a CO or COR to document less than acceptable performance by the Contractor at any point during the period of performance. It should be noted that issuance of a CDR should not be the first form of communication or plan of resolution unless the seriousness of the situation warrants such formal documentation from onset. The CO, COR and Contractor shall maintain open and effective communications to avoid the issuance of CDRs to the maximum extent practicable. All parties acknowledge that a finalized CDR will become part of the official file mailto:dalc.fiscal@va.gov and will be used to report on annual performance under the IDIQ.

1.7.2 If use of a CDR is warranted, the CO/COR shall complete the CDR, citing the IDIQ and/or Delivery Order (DO) number and the specific IDIQ and/or DO section or clause related to the performance issue. The CO/COR shall provide a detailed and descriptive narrative of the background and issue. Upon receipt of the CDR, the Contractor shall provide a timely and detailed response by the Contractor. The Contractor’s response shall include any important or relevant information or justification for the performance issue and a proposed resolution. The CO/COR will review the response from the Contractor and the CO will issue a final recommendation or plan of action. The CO, COR, and Contractor will maintain communication to ensure that the recommendation or plan of action is carried out.

1.7.3 The Contractor’s performance on the IDIQ will be reported to the Contractor Performance Assessment Reporting System (CPARS) on an annual basis. The CO and COR will make use of information from CDRs, as well as any additional knowledge and information available to them with respect to the Contractor’s performance, to complete the CPARS. Contractors shall familiarize themselves with the CPARS process and be prepared to respond to reports entered by the CO and COR.

B.2 PRODUCT DESCRIPTION

2.1 INTRODUCTION

2.1.1 The Veterans Health Administration (VHA) manages the United States’ largest integrated healthcare system. Veterans’ healthcare is separated geographically into 21 Veterans Integrated Services Networks (VISNs) with approximately 168 VA Medical Centers (VAMCs), 1,053 outpatient sites, and various other Federal facilities to include Community Living Centers (CLCs), Vet Centers and Domiciliary. Together these health care facilities, and the more than 53,000 independent licensed health care practitioners who work within them, provide comprehensive care to about 9.3 million enrolled Veterans.

2.1.2 The Veterans Health Administration’s (VHA) Prosthetic Clinical Management Program (PCMP) has identified Nebulizers & Accessories as a uniform preferred product for continued consolidated contracting. The purpose of consolidated contracting is to obtain user uniformity and quality products at competitive prices. This standardization initiative is in accordance with VHA’s PCMP Charter signed by the Under Secretary for Health on February 9, 2001.

2.1.3 Nebulizers & Accessories are prescribed to Veterans with asthma or another respiratory condition. The nebulizer is used to administer medication directly and quickly to the lungs and turns liquid medicine into a very fine mist that a person can inhale through a face mask or mouthpiece.

2.2 SCOPE OF WORK

2.2.1 The contractor shall provide uninterrupted delivery of approved Nebulizers & Accessories as specified in the contract and the resulting orders.

2.2.2 The North American Industrial Classification System (NAICS) code for this procurement is 339112 Surgical and Medical Instrument Manufacturing with a small business size standard of 1,000 employees. The requirement is being competed on an unrestricted open market basis.

2.2.2 The delivery orders placed through ROES shall indicate the specific items ordered, item quantities, and all necessary delivery and payment procedures.

2.3 GENERAL INFORMATION

2.3.1 VA's purpose under this solicitation and resulting contract(s) is to obtain Nebulizers and accessories while securing a continuous supply of products. These products are purchased by the VA CSAS and Denver Logistics Center (DLC) for stocking, distribution, and assignment to individual VA medical facilities and subsequent issue to Veteran patients.

This provides the contractor with a single point of contact for all activity under the contract.

2.3.2 The proposed awarded contract(s) will use the VA DLC’s Remote Order Entry System (ROES) to place purchase/delivery orders. ROES allows for a streamlined ordering process and increases operating efficiency while providing greater transparency among stakeholders. Clinicians will use ROES to identify and order nebulizers and accessories that best meet individual patient needs. Additional orders may be placed by the CO and duly appointed Ordering Officers to replenish depleted stock.

2.3.2.1 The contractor shall provide DLC with and maintain the most current product order form in a fillable PDF format for the purpose of uploading into the Remote Order Entry System (ROES).

2.3.3 The objective is to award a single firm fixed price, indefinite delivery indefinite quantity (IDIQ) contract. The base agreement-ordering period is for one year. The IDIQ contract will be for 1 year base period and four (4) 1 year option periods. Option periods will or will not be exercised at the sole discretion of the Government.

2.3.4 Orders issued under this agreement will be firm-fixed price. The contractor shall provide the supplies and resources necessary to accomplish the requirements described in the contract.

2.3.5 Estimated Contract period(s) of performance:

Base Year: Feb 15, 2022 through Feb 14, 2023

Option Year I: Feb 15, 2023 through Feb 14, 2024 Option Year II: Feb 15, 2024 through Feb 14, 2025 Option Year III: Feb 15, 2025 through Feb 14, 2026 Option Year IV: Feb 15, 2026 through Feb 14, 2027

2.4 REQUIREMENTS

2.4.1 The following salient characteristics apply to all model sizes offered under this agreement:

NEBULIZER & ACCESSORIES MINIMUM TECHNICAL REQUIREMENTS (MTRs)

Line

Item

Item

Item Description

1. Electric Compressor (w/filter and cap)

The nebulizer shall match the compressor source that meets the criteria for its intended design i.e. flow rate at specific psi level.

o Noise level shall not exceed 60 decibels dBA o Weight – 4lbs or less o Electrical – 115 volts

Instruction Manuals - for operation and frequency of cleaning, number of uses and/or length of time before disposal. Manuals to be written in the

English and Spanish language and have large print available upon request.

2 Portable Nebulizer Compressor w/rechargeable battery (filter and cap) o List all portable electrical charging options o The nebulizer shall match the compressor source that meets the criteria for its intended design i.e. flow rate at specific psi level o Instruction Manuals - for operation and frequency of cleaning, number of uses and/or length of time before disposal. Manuals to be written in the

English and Spanish language and have large print available upon request.

3. Disposable (Handheld) Nebulizer Sets o Should include mouthpiece, t-piece, supply or corrugated tubing, medicine cup, o Particle size (medicine/aerosol) shall not exceed five (5) microns o Tubing length shall be a minimum of six (6) feet.

o All handheld nebulizers require a flow from the compressor of 6-10 lpm.

4. Warranty:

1. The Contractor warrants that for three years the Compressors, Electrical Components furnished under this contract will be free from defects in material and workmanship and will conform to all requirements of this contract. This warranty covers all aspects of the product supplied. Normal “wear and tear” is excluded from this warranty.

2. Any supplies or parts thereof corrected or furnished in replacement shall be subject to the conditions of this clause to the same extent as supplies initially delivered.

3. When supplies are returned to the Contractor, the Contractor shall bear the transportation costs from the place of delivery specified in the delivery order to the contractor’s plant and return.

4. The contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

5. The rights and remedies of the Government provided in this clause are in addition to and do not limit any rights afforded to the Government by any other clause of the contract.

6. Rechargeable Batteries: the warranty for these are 6 months minimum

5. 510 (k) Premarket Notification Approval (Letter)

6. These items should be easily cleaned by e.g. bleach or other common household detergents level (disposable/non-disposable).

7. Masks/Handheld pieces must be di(2- ethylhexyl)phthalate) (DEHP) FREE

ACCESSORIES/SUPPLIES

8. Non-Disposable (Handheld) Nebulizer Sets o Should include mouthpiece, t-piece, supply or corrugated tubing, medicine cup, filter, and cap o Particle size (medicine/aerosol) shall not exceed five (5) microns o Tubing length shall be a minimum of six (6) feet.

o Six months or better usage

9. Disposable Filters

10. Non-Disposable Filters

11. Aerosol Mask

12. Trach Mask

B.3 PRICE/COST SCHEDULE

The negotiated pricing will apply through the life of the contract unless modified by the

CSAS Contracting Officer.

ITEM DESCRIPTION OF QUANTITY UNIT UNIT AMOUNT

NUMBER SUPPLIES/SERVICES PRICE

0000 See Attachment 7 – Excel Product/Price Schedule for Details

GRAND TOTAL:

B.4 IDIQ TERMS AND CONDITIONS

4.1 PRODUCT REMOVAL OR RECALL

4.1.1 For any product awarded under this contract removed or recalled by the manufacturer due to defects in the product or potential dangers to patients, or if any required removal or recall is suggested or mandated by a regulatory or official agency, the manufacturer or distributor shall to take following steps immediately:

4.1.2 Notify the CO at the CSAS in writing, by the most expeditious manner possible.

4.1.3 Provide copies of the notification to Contracting Officer, Contracting Specialist, Contracting Officer Representative, and Manager at Product Recall Office, all Agencies and VA Facilities who purchased the product, which include, but not be limited to the following:

(1) Complete item description and/or identification, order numbers from customers and the contract number assigned as a result of an issuance on the solicitation;

(2) Reasons for modifications, removal, or recall; and

(3) Necessary instructions for return for credit, replacement, or corrective action.

4.1.4 A copy of the notification will be provided to:

Manager, Product Recall Office National Center for Patient Safety Veterans Health Administration 24 Frank Lloyd Wright Drive, Lobby M Ann Arbor, MI 48106

4.1.5. A copy of notification will be provided to:

Biomedical Engineer Center for Engineering & Occupational Safety and

Health (CEOSH) (138F) Veterans’ Health Administration 1 Jefferson Barracks Rd. Bldg. 65 St. Louis, MO 63125

4.2 PRODUCT REFRESH

4.2.1 Product refresh is when a current Contract Line Item Number (CLIN) is no longer being manufactured due to obsolescence and the product item is being replaced with a newer, and more often, a superior version of the same item. The current CLIN product will be revised to reflect the refreshed product information, manufacturer’s part number, IDIQ price, etc.

4.2.2 The Government reserves the right to not accept the products offered under product refresh. The contractor will be notified in writing if a product refresh is not accepted. All products offered shall be provided with the warranty that is agreed upon for this contract.

4.2.3 The contractor agrees to ensure that all upgraded improved/replaced products meet

American with Disabilities Act (ADA) and Health Information Portability and Accountability

Act (HIPAA) Federal requirements.

4.2.4 The contractor shall provide the COR and CO the following information for product refresh:

(1) A list of specific awarded item(s) being refreshed in the Price/Cost Schedule (to include commercial pricing, discount offered, and IDIQ price;

(2) Product literature for the item(s) refreshed;

(3) A detailed description of the differences or benefits of refreshed as compared to the item(s) being discontinued or added;

(4) Proper identification of any product requirements and/or procedures related to those product(s) proposed to be refreshed or upgraded;

(5) FDA approval, if applicable;

(6) Provide historical sales to VA by item(s), if applicable; and

(7) Copy of Commercial Warranty.

4.2.5 The request shall be submitted in writing to the COR, copy to the Contract Specialist and Contract Officer, for review and recommendation of approval to be submitted to the CO.

The contractor shall be limited to six (6) product refresh requests per calendar year. The CO shall prepare a bilateral modification for execution.

4.3 NOTIFICATION OF SUBSTITUTED AND BACK-ORDERED ITEMS/REPLACEMENT

WITH ALTERNATE SUPPLY

4.3.1 The Contractor shall notify the authorized purchaser point of contact within one (1) business day for non-emergency orders and within four (4) hours of an emergency order if any parts/materials cannot be delivered in accordance with the individual delivery order requirements. To ensure that the correct items are shipped, the Contractor shall not substitute items without prior approval by order point of contact. Instances where the Contractor cannot meet the Government’s requirement(s), the Contractor shall notify the order point of contact of the shortest delivery period available. If the Contractor’s shortest delivery period is not acceptable to the Government, the Government reserves the right to procure the item(s) from other sources.

4.3.2 The contractor agrees to supply established item(s) to satisfy the Government’s requirement when an order is placed under the contract during the duration of the effective period of the contract. If, however, contractor determines to terminate production or supply of the selected item and contemplates replacement with alternative item, the Government reserves the right to evaluate the potential replacement item(s). There is no guarantee that the Government will evaluate any replacement item(s) favorably. If the Government determines the replacement item(s) as unacceptable, the individual item(s) may be cancelled.

4.4 ORDERING INFORMATION

4.4.1 VA CSAS or duly appointed ordering officers (OOs) at the DLC are authorized to place delivery orders directly with the Contractor. Delivery orders will include the specific item description, item quantities and product number contained in the contract. Delivery orders will also provide delivery information and any other special instructions in accordance with the terms and conditions of the contract.

4.4.2 Purchases made under this contract by the VA CSAS CO or by duly appointed ordering officers at the DLC, for delivery to the address shown in 4.6, below, will be made at the contract price, which includes shipping. All delivery orders shall be subject to the terms and conditions of this contract. In the event of any conflicts between contract and delivery order terms shall resolved giving preference to the contract.

4.4.3 Contractors will receive orders via Computer-to-Computer Electronic Data Interchange (EDI), FAX, or Email. The Contractor must confirm receipt of delivery orders from VA CSAS (or duly appointed ordering officers at the DLC).

4.4.3.a EDI. The Offeror must indicate the name, address, and telephone number of the representative to be contacted regarding establishment of an EDI interface.

NAME: ________________________________

ADDRESS: _____________________________

TELEPHONE: ___________________________

FAX: ___________________________________

EMAIL ADDRESS: ________________________

4.4.3.b Facsimile Transmission. Indicate the telephone number(s) and point of contact where orders should be forwarded. The Contractor must confirm receipt of delivery orders from VA CSAS (or duly appointed ordering officers at the DLC) via e-mail or fax within two

(2) business days.

NAME: ________________________________

TELEPHONE: ___________________________

FAX: ___________________________________

EMAIL ADDRESS: ________________________

4.4.4.c Email. The below-named individuals are designated by the contractor to receive delivery orders placed via email:

NAME: ________________________________

ADDRESS: _____________________________

4.4.5 At a minimum, order shall contain the following information:

• Date of order.

• Contract number and order number.

• For supplies and services, line item number, subline item number (if applicable), description, quantity, and unit price or estimated cost and fee (as applicable). The corresponding line item number and subline item number from the base contract shall also be included.

• Delivery or performance schedule.

• Place of delivery or performance (including consignee).

• Any packaging, packing, and shipping instructions.

• Accounting and appropriation data.

• Method of payment and payment office, if not specified in the contract.

4.4.6 Authorized to Purchase. Presently, only the NAC, CSAS-assigned CO or duly appointed Ordering Officers, and clinicians on behalf of VHA using ROES, may place orders against the IDIQ. All ordering officers will be appointed and delegated by a warranted

Contracting Officer in accordance with VA Procurement Policy.

4.5 REPORTS

4.5.1 Order Reporting. The contractor shall provide a report of all orders fulfilled each month to the CO and COR by the 5th day of the following month. This report shall detail orders received and filled and shall include a) order received date, b) order acknowledged date, c) shipped date, d) shipped to location, e) invoice date, and f) invoice paid date.

4.6 DELIVERY REQUIREMENTS

4.6.1 Delivery schedule specified on delivery orders issued against resultant contract is the date material is due, not the shipping date. Orders may be shipped early to ensure delivery prior to the due-in date. All orders must be received within 15 days after receipt of orders.

Delivery shall be Free Onboard (FOB) destination.

4.6.2 Partial deliveries are authorized; however, the complete order is due within the agreed contract delivery period. Any items not received within the agreed period will be considered delinquent.

4.6.3 Deliveries to VA Denver Logistics Center (DLC) can be made to the following address:

VA Denver Logistics Center (003A4D)

4.6.4 Delivery shall be in accordance with the following time frames: Standard delivery shall be made within five (5) days after receipt of a delivery order, expedited delivery within two (2) days, and emergency delivery within 24 hours. Any additional delivery requirements shall be specified on the individual delivery order.

4.6.5 Expedited delivery:

i. When the delivery schedule does not justify an urgent need, the Government reserves the right to request expedited deliveries.

ii. If expedited delivery is requested, the ordering official will telephonically contact the contractor and inquire into the feasibility thereof.

iii. The contractor shall communicate its acceptance of the request within 1 business day.

iv. If the contractor accepts an expedited delivery request, it will ship the product within the agreed schedule at no additional shipping cost to the Government.

v. Requests for expedited delivery are not intended to be used as a substitute for placing timely orders by the Government.

4.6.6 Schedule for Deliverables: The following provisions apply to all shipments:

Inspection: Destination

Acceptance: Destination

4.6.7 Ship to and Mark For: Deliveries shall be marked and shipped to the DLC

Warehouse which will be identified under each order placed against the IDIQ.

4.6.8 Special Shipping Instructions: Prior to shipping, the contractor shall notify VA DLC site point of contact by telephone and/or email, of all incoming deliveries including line-by-line details for review of requirements. All shipments, either single or multiple container deliveries, will bare VA’s Order number on external shipping labels and associated manifests or packing lists. In the case of multiple container deliveries, a readable statement near the order number will indicate total number of containers for the complete shipment

(ex. “Package 1 of 2”), clearly readable on manifests and external shipping labels.

Packing Slips/Labels and Lists shall include the following:

IFCAP PO # ____________ (e.g., 791-D13777)

Total number of Containers: Package ___ of ___. (e.g., Package 1 of 3)

4.7. INSPECTION AND ACCEPTANCE

4.7.1 The acceptance paragraph in FAR 52.212-4(a) is based upon the assumption that the Government will rely on the Contractor’s assurances that the commercial item tendered for acceptance conforms to the IDIQ requirements. The Government’s inspection of commercial items will not prejudice its other rights under the acceptance paragraph.

4.8 CONTRACT MODIFICATIONS AND PRICE ADJUSTMENTS

4.8.1 The Contracting Officer (CO) is the only person authorized to modify the contract.

Any changes to the terms and conditions of the contract shall be accomplished via bilateral modification.

SECTION C - CONTRACT CLAUSES

C.1 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

C.2 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1,500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $75,000.00;

(2) Any order for a combination of items in excess of $150,000.00; or

(3) A series of orders from the same ordering office within days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection

52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3 days after issuance, with written notice stating the

Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.3 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the

Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after the total period of performance has been completed.

C.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days of the expiration of the contract; provided that the Government gives the

Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause)

C.6 52.232-35 DESIGNATION OF OFFICE FOR GOVERNMENT RECEIPT OF ELECTRONIC

FUNDS TRANSFER INFORMATION (JUL 2013)

(a) As provided in paragraph (b) of the clause at 52.232-34, Payment by Electronic Funds

Transfer—Other than System for Award Management, the Government has designated the office cited in paragraph (c) of this clause as the office to receive the Contractor's electronic funds transfer (EFT) information, in lieu of the payment office of this contract.

(b) The Contractor shall send all EFT information, and any changes to EFT information to the office designated in paragraph (c) of this clause. The Contractor shall not send EFT information to the payment office, or any other office than that designated in paragraph (c). The

Government need not use any EFT information sent to any office other than that designated in paragraph (c).

(c) Designated Office:

Name:

Mailing Address:

Telephone Number:

Person to Contact:

Electronic Address:

(End of Clause)

C.7 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION

OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting

Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.]

[] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business

Evaluation Factors.

[] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price

Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small

Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[X] 852.233–70, Protest Content/Alternative Dispute Resolution.

[X] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[X] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[X] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause)

C.9 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

Material shall be packed for shipment in such a manner that will insure acceptance by common carriers and safe delivery at destination. Containers and closures shall comply with regulations of carriers as applicable to the mode of transportation.

C.10 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

FAR

Number

Title Date

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

JUN 2020

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON

POSTCONSUMER FIBER CONTENT PAPER

MAY 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.232-37 MULTIPLE PAYMENT ARRANGEMENTS MAY 1999

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

DEC 2013

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS

OCT 2018

852.212-72 GRAY MARKET AND COUNTERFEIT ITEMS MAR 2020

852.242-71 ADMINISTRATIVE CONTRACTING OFFICER OCT 2020

(End of Addendum to 52.212-4)

C.11 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or

Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further

Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L.

115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[X] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with

Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[X] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C.

3509).

[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment

Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the

American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards

(JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved]

[] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

(OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.209–6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

[X] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(Oct 2018) (41 U.S.C. 2313).

[] (10) [Reserved]

[] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15

U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-4.

[] (13) [Reserved]

[] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-6.

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and

(3)).

[] (17)(i) 52.219–9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (JUN 2020) of 52.219–9.

[] (v) Alternate IV (JUN 2020) of 52.219–9.

[] (18)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[] (ii) Alternate I (MAR 2020) of 52.219-13.

[] (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

[] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

(MAR 2020) (15 U.S.C. 657f).

[] (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV 2020) (15

U.S.C 632(a)(2)).

[] (ii) Alternate I (MAR 2020) of 52.219-28.

[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically

Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C.

637(m)).

[] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small

Business Concerns Eligible Under the Women-Owned Small Business Program (MAR 2020)

(15 U.S.C. 637(m)).

[] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15

U.S.C. 644(r)).

[] (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17))

[] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[X] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2020)

(E.O. 13126).

[X] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (30)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[] (ii) Alternate I (FEB 1999) of 52.222-26.

[X] (31)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

[] (ii) Alternate I (JULY 2014) of 52.222-35.

[X] (32)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C.

793).

[] (ii) Alternate I (JULY 2014) of 52.222-36.

[X] (33) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[X] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010) (E.O. 13496).

[X] (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[] (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-

Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and

Air Conditioners (JUN 2016) (E.O. 13693).

[] (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014)

(E.O.s 13423 and 13514).

[] (ii) Alternate I (OCT 2015) of 52.223-13.

[] (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-14.

[] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C.

8259b).

[] (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT

2015) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-16.

[X] (44) 52.223–18, Encouraging Contractor Policies to Ban Text Messaging While Driving

(JUN 2020) (E.O. 13513).

[] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[] (47) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[] (ii) Alternate I (JAN 2017) of 52.224-3.

[] (48) 52.225-1, Buy American—Supplies (JAN 2021) (41 U.S.C.